HomeMy WebLinkAboutPD-19-94THE CORPORATION OF OF 1
DN: SALES.GPA
REPORT
Meeting: General Purpose and Administration Committee
Date: Monday, February 21, 1994
Repent #: _ PD -19 -94 File #: DEV 93 -034
File
Rey. #
r
By-Law #
Subject: PROPOSED AMENDMENT TO COMPREHENSIVE ZONING BY -LAW IN ORDER TO
PERMIT SALES AND RENTAL OF BOATS AT MOTOR VEHICLE SALES
ESTABLISHMENTS
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD -19 -94 be received;
2. THAT the application to amend Comprehensive Zoning By -law 84 -63 of
the former Town of Newcastle, to permit the sale and rental of
boats and boat accessories at Motor Vehicle Sales Establishments be
APPROVED;
3. THAT the amending by -law attached hereto be forwarded to Council
for approval; and
4. THAT a copy of Committee's and Council's decision be forwarded to
the interested parties attached hereto.
1. APPLICATION DETAILS
1.1 Applicant: Corporation of the Municipality of Clarington
1.2 Rezoning: Amendment to the definition of "Motor Vehicle
Sales Establishment" to permit the sale and
rental of boats and boat accessories.
2. BACKGROUND
2.1 On September 13, 1993, Council directed the Director of Planning
and Development to bring forth an amendment to the Comprehensive
Zoning By -law to permit all automobile dealers to sell motor boats
and trailers in addition to the selling of automobiles.
2.2 On Wednesday, September 29, 1993, public notices advising the
general public of the date and time of the Public Meeting appeared
aPE� ° �
P APIECY E
THIS IS PRIMED aJ RECYCLED E8
REPORT NO.: PD -19 -94 PAGE 2
in the Orono Weekly Times, Newcastle Independent, Bowmanville
Statesman and Courtice News. In addition, notice was mailed by
prepared first class mail to all Motor Vehicle Sales Establishments
listed in the Municipality's April 1993 edition of the Business
Directory.
2.3 The Public Meeting required by the Planning Act was held on Monday,
November 1, 1993. No one spoke either in support or in opposition
to the application.
3. ZONING BY -LAW PROVISIONS
3.1 Within Comprehensive Zoning By -law 84 -63, boats and boat
accessories currently cannot be offered for sale or rental at Motor
Vehicle Sales Establishments since boats and boat accessories are
not contained within the definition of Motor Vehicle Sales
Establishment.
3.2 Therefore, in order to permit the sale and display of new and used
boats and boat accessories at all legal and legal non - conforming
Motor Vehicle Sales Establishments as per Council's direction, the
most expedient manner to accomplish this is to amend the definition
of "Motor Vehicle Sales Establishment" as follows:
"Motor Vehicle Sales Establishment" shall mean a building or
structure where a dealer displays motor vehicles for sale or
rent. Permitted accessory uses include a motor vehicle repair
garage, a motor vehicle service station, a motor vehicle fuel
bar, a motor vehicle body shop, sale and display of new and
used boats and boat accessories but shall not include any
other use or activity otherwise defined or classified in this
By -law.
4. AGENCY COMMENTS
4.1 Given the nature of the proposed amendment the Planning and
Development Department undertook a very limited circulation of the
proposal. The Regional Planning Department has verbally advised
that they have no objection to the proposal as the purpose of the
application appears to be in conformity with the Regional Official
Plan. 2
REPORT NO.: PD -19 -94 PAGE 3
5. STAFF COMMENTS
5.1 The proposed by -law would have the effect of allowing the sale and
rental of new and used boats and boat accessories at all legal
Motor Vehicle Sales Establishments. In addition, Motor Vehicle
Sales Establishments which currently enjoy a legal non - conforming
status would also be permitted to offer new and used boats and boat
accessories for sale or rental.
6. CONCLUSION
6.1 In consideration of the comments contained within the report, staff
would have no objection to the approval of the application and the
passing of the By -law attached hereto.
Respectfully submitted,
_( "-) �0'_Qs - a � A,
F klin Wu, M.C.I.P.
Director of Planning
and Development
WM *FW *df
*Attach
9 February 1994
Recommended for presentation
to the Committee
/�/x
Ma 'e Marano, Acting
Chief Administrative Officer
Interested parties to be notified of Council and Committee's decision:
Frank Shane
22 Silver Street
Bowmanville, Ontario.
L1C 3C3
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY -LAW NUMBER 94-
being a By -law to amend By -law 84 -63, the Comprehensive Zoning By -law
for the former Town of Newcastle
WHEREAS the Council of the Corporation of the Municipality of Clarington
deems it advisable to amend By -law 84 -63, as amended, of the former Town
of Newcastle;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Section 2 "Definitions" of By -law 84 -63, as amended, is hereby
further amended by changing the following definition to read as
follows:
"Motor Vehicle Sales Establishment
Shall mean a building or structure where a dealer displays
motor vehicles for sale or rent. Permitted accessory uses
include a motor vehicle repair garage, a motor vehicle service
station, a motor vehicle fuel bar, a motor vehicle body shop,
the sale and display of new and used boats and boat
accessories but shall not include any other use or activity
otherwise defined or classified in this By- law."
2. This By -law shall come into effect on the date of passing hereof,
subject to the provisions of Section 34 of the Planning Act.
BY -LAW read a first time this
BY -LAW read a second this
day of , 1994.
day of , 1994.
BY -LAW read a third time and finally passed this day of
1994.
MAYOR
CLERK
544